TERMS AND CONDITIONS OF USE
The following Terms and Conditions form a part of the agreement on the face hereof between the Customer and ABC Garage Repair, 1. Cancellation.
- a) Customer has the right to cancel this agreement and work order within 3 business days of date agreement was signed as long as it was requested before installation date, or work has begun on site., without any financial consequences and/or costs to customer (all cancellation requests must be made in writing with customer’s signature). Customer is fully aware that requesting a special order (custom made doors or openers, 3 or more items, unique request or items not in stock, etc.) from ABC Garage Repair will constitute a full waiver of customer cancellation right and customer will be financially liable for all work performed as per this agreement. b) Restocking fee. In case of customer cancellation of this agreement/work order after 3 business days of date agreement was signed and before installation date, a restocking fee of 25% from the total job will be applied against customer’s deposit. Remaining deposit will be immediately refunded to customer.
2. Dates and Prices.
- a) All installation commencement dates indicated on the face hereof are approximate and subject to ABC Garage Repair’s availability schedule, ABC Garage Repair will make reasonable efforts to meet the date(s) quoted. However, ABC Garage Repair will not be liable for its failure to meet the quoted dates or for any delay in performance hereunder due to unforeseen circumstances or shortages, due to causes beyond its control, or due to its voluntary or mandatory compliance with any governmental act, regulation, or request. If, by reason of such circumstances, ABC garage repair’s supplies of the equipment or service (hereinafter the Product(s) covered hereby) are limited, ABC Garage Repair shall have the right to allocate the available supply among its customers in such manner as it, in its sole discretion, de- termines appropriate. b) Should Customer requests a change in the estimated installation or completion dates or otherwise cause delay in delivery or request that the Products be shipped to a location other than the location of original delivery or request any work other than as provided hereunder, the prices established by hereunder shall no longer apply.
- Customer agrees to review and to authorize in writing all designs, Products and installation instructions prior to the start of any work hereunder. ABC Garage Repair assumes no obligation and shall have no liability with respect to work carried out by ABC Garage Repair in accordance with the terms of such designs, Products or instructions.
- Customer shall inspect the work completed by ABC Garage Repair hereunder immediately upon receipt of notice from ABC Garage Repair that the order is complete, and shall, within three (3) business days after receipt, give written notice to ABC Garage Repair of any claim for work that does not conform with the terms of this contract. If Customer shall fail to give such notice, the work shall be deemed accepted and to conform to the terms of the contract of sale, and Customer shall be bound to pay for the work in accordance with the terms hereof.
5. Payment and Credit Terms.
- Upon Customer’s execution of this contract and order, Customer shall pay to ABC Garage Repair LLC 33% of the contract price indicated on the face hereof, unless otherwise indicated on the face hereof, Customer agrees to remit payment in full of the balance due hereunder upon the completion of the installation services indicated on the face hereof. No cash discounts will be granted, no request will be granted after completion. Customer hereby waives his/her rights to any refunds, “No Exchange, No Refunds”. Account balances not paid in accordance with these terms are subject to the maximum prevailing legal interest rate calculated from date of delinquency. In the event ABC Garage Repair finds it necessary to refer an account to an attorney or an agent for collection of delinquent accounts, Customer shall pay all costs of collection including, without limitation, reasonable attorney’s fees and court fees, Customer agrees that ABC Garage Repair shall retain a security interest in the Products sold hereunder to secure any portion of the price not paid on delivery and will, on request, execute a security agreement in such form as is required by ABC Garage Repair, which, at ABC Garage Repair’s option, may be filed with appropriate local, state, or other relevant authorities. Should Customer become delinquent in the payment of any sum due hereunder, or if Customer becomes insolvent, or if any proceedings are commenced under any bankruptcy or similar laws for Customer’s reorganization or other debt adjustment, ABC Garage Repair will not be obligated to continue performance. ABC Garage Repair reserves the right to change the credit terms provided herein when, in ABC Garage Repair’s opinion, the financial condition or previous payment record of Customer so warrants. If, within thirty (30) days of receipt of written notice of such change, Customer fails to agree and comply with different terms of credit, and/or fails to give adequate assurance of due per- formance, ABC Garage Repair may, by notice to Customer, treat such failure or refusal as a repudiation by Customer of the portion of the purchase order not then fully performed, whereupon ABC Garage Repair may remove from Customer’s premises all equipment installed by ABC Garage Repair hereunder.
- Customer is responsible for the ultimate payment of all sales tax or otherwise, where Customer claims that a transaction is not subject to any such tax, that Customer is exempt, or that ABC Garage Re- pair is not required to collect such tax, Customer agrees to provide ABC Garage Repair with any documentation necessary to support such a claim.
- Installation services and labor are not included in the purchase price of the Products sold hereunder. For Products requiring installation by ABC Garage Repair’s service personnel, it is the responsibility of Customer to prepare the site environmentally and provide the required services, power, water, drain, air, bottled gases, permits, licenses, approvals, etc. Failure to do so, prior to ABC Garage Repair’s service personnel arriving at Customer’s site on the mutually agreed upon installation date, will result in a service charge by ABC Garage Repair to cover the lost time of its service personnel. Because ABC Garage Repair’s service personnel will be required to enter upon Customer’s premises, Customer hereby undertakes to maintain its premises in a safe condition and to comply with all applicable laws, statutes and regulations governing workplace health and safety, and hereby accepts full responsibility for any harm or injury to, or liability arising from work performed by, ABC Garage Repair’s personnel while on Customer’s premises, except to the extent caused solely by the gross negligence or willful misconduct of ABC Garage Repair’s personnel.
8. Limited Warranty
- a) Warranty. i) ABC Garage Repair warrants to Customer that the Products sold to Customer are, at the time of shipment to Customer from ABC Garage Repair, free from defects in materials and workmanship. ii) With respect to claims for workmanship, this warranty shall be valid for a period of 12 months from the date of installation. Notwithstanding anything to the contrary contained herein, the war- ranty period for equipment installed by ABC Garage Repair, including Garage doors, Garage Doors opener’s mechanical and electronic interfaces and all similar devices, is in all cases limited to the warranty provided by the relevant manufacturer. iii) The warranty herein applies only to Customer as the original purchaser from ABC Garage Repair and may not be assigned, sold or otherwise transferred to any third party. iv) As Customer’s sole and exclusive remedy under this warranty, ABC Garage Repair agrees either to repair or replace, at ABC Garage Repair’s sole option, any part or parts of such material which, under proper and normal conditions of use, proves to be defective within the applicable warranty period. Alternatively, ABC Garage Repair may at any time, in its sole discretion, elect to discharge its warranty obligation hereunder by accepting the return of any defective Product pursuant to the terms set forth herein and refunding the purchase price paid by Customer. v) This warranty does not cover loss, damage, or defects resulting from improper or inadequate maintenance by Customer, Customer-supplied materials, unauthorized modification or misuse, operation outside of the environmental specifications for materials or improper site preparation or maintenance, repair’s performed by ABC Garage Repair’s technicians on existing garage doors or garage door openers not purchased from ABC garage Repair. vi) No warranty is made with respect to used, reconstructed, refurbished or previously owned materials, which will be so marked on the face hereof and, unless otherwise indicated on the face hereof, shall be sold, “As Is”.
ABC GARAGE REPAIR MAKES NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE REMEDIES PROVIDED HEREIN ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES, ABC GARAGE REPAIR SHALL NOT BE LIABLE FOR ANY IN- DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF THE DESIGN, MANUFAC- TURE, SALE, DELIVERY, INSTALLATION, SERVICE OR USE OF THE PRODUCTS, ABC GARAGE REPAIR NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE DESIGN, MANUFACTURE, SALE, DELIVERY, INSTALLATION, SERVICE OR USE OF THE PRODUCTS CUSTOMER’S ACCEPTANCE OF ANY QUOTATION IS EX- PRESSLY SUBJECT TO CUSTOMER’S ASSENT TO EACH AND ALL OF THE TERMS AND CONDITIONS SET FORTH IN ABC GARAGE REPAIR’S QUOTATION, AND CUSTOMER’S ASSENT TO THESE TERMS AND CONDITIONS OF SALE SHALL BE CONCLUSIVELY PRESUMED FROM CUSTOMER’S SUBMISSION OF ITS PURCHASE ORDER. NO ADDITION TO OR MODIFICATION OF SAID TERMS AND CON- DITIONS SHALL BE BINDING UPON ABC GARAGE REPAIR UNLESS SPECIFICALLY AGREED TO BY ABC GARAGE REPAIR IN WRITING. IF CUSTOMER’S PURCHASE ORDER OR OTHER CORRESPON- DENCE CONTAINS TERMS OR CONDITIONS CONTRARY TO OR IN ADDITION TO THE TERMS AND CONDITIONS CONTAINED HEREIN OR IN ABC GARAGE REPAIR’S QUOTATION, ACCEPTANCE OF ANY ORDER BY UGS SHALL NOT BE CONSTRUED AS ASSENT TO SUCH CONTRARY OR ADDITIONAL TERMS AND CONDITIONS OR CONSTITUTE A WAIVER BY ABC GARAGE REPAIR OF ANY OF THE TERMS AND CONDITIONS CONTAINED HEREIN OR IN ABC GARAGE REPAIR’S QUOTATION. ABC GARAGE REPAIR’S ACCEPTANCE OF CUSTOMER’S PURCHASE ORDER IS EXPRESSLY CONDI- TIONED ON CUSTOMER’S ASSENT TO THESE TERMS AND CONDITIONS. NO MODIFICATION OR WAIVER OF THESE TERMS AND CONDITIONS IS VALID, UNLESS CONFIRMED IN WRITING BY AN AUTHORIZED REPRESENTATIVE OF ABC.9. Miscellaneous.a) Excusable Delays.
- ABC Garage Repair shall not be liable for delays in delivery or failure to manufacture or deliver goods due to acts of God, acts or failures to act of Customer, acts of civil military au- thority, fires, strikes, floods, epidemics, attack, war, delays in transportation or other causes beyond ABC Garage Repair’s reasonable control including without limitation, delays in obtaining or inability to obtain necessary labor, materials, components, or manufacturing facilities.
b) Governing Law.
- The contract of sale shall be governed by and construed in accordance with the laws of the State of Maryland, U.S.A. without regard to its principles of conflict of laws, any disputes relating to the contract of sale between Customer and ABC Garage Repair shall be adjudicated in the state or federal courts in the State of Maryland, U.S.A., and both parties hereby consent to the ex- clusive jurisdiction of said courts for purposes of any such litigation. The parties expressly agree to waive application of the United Nations Convention on Contracts for the International Sale of Goods.
c) Confidential Data and Information.
- If, in connection with the sale, purchase, use, or maintenance of the Products, ABC Garage Repair is requested, required, or deems it advisable to furnish data or in- formation which it, in its sole discretion, deems proprietary, confidential, or both, ABC Garage Repair shall not, in any event, submit or be required to furnish such data or information unless Customer enters into an agreement concerning the handling, use, copying, retention and return of such information, the form of which agreement is available to Customer on request. ABC Garage Repair does not agree to accept any proprietary or confidential information of Customer in the absence of such a written agreement signed by an authorized representative of ABC Garage Repair.
- Customer may not assign, transfer or delegate any of its rights or obligations herein without the prior written consent of ABC Garage Repair, and any purported assignment of such rights or obligations without such consent shall be null and void.
- If any provision herein is deemed unenforceable by court of competent jurisdiction, the other provisions shall remain in full force and effect as if the unenforceable provision has not been included.